NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.

Before DAVID A. NELSON and BOGGS, Circuit Judges, and ROSENN, Senior Judge.*

ORDER

1

This matter is before the court upon consideration of the appellees' motion to dismiss the appeal for lack of jurisdiction because of a late notice of appeal. Lawtis Rhoden responded stating that the notice of appeal was placed in the prison mail on May 29, 1992, and that he also had an additional three days for mailing.

2

A review of the record indicates that the final order of the district court was entered on April 28, 1992. Any notice of appeal from that decision was due to be filed on or before May 28, 1992, and the notice of appeal filed June 1, 1992, was four days late. See Fed.R.App.P. 4(a) and 26(a).